Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 Bail Appl..No. 9459 of 2012 () ---------------------------------------- OR. NO.5/2012 OF VAZHANI FOREST STATION , THRISSUR ........ PETITIONER(S)/ACCUSED: ------------------------------------ RAJAGOPALAN, AGED 4 YEARS S/O DEVAKI, ALOOPARAMBIL HOUSE, MANALITHARA VILLAGE DESOM, TALAPPILLY TALUK, THRISSUR BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA SMT.MEGHA K.XAVIER RESPONDENT(S)/COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH CORUT OF KERALA, ERNAKULAM 3 BY PUBLIC PROSECUTOR SRI.RAJKESH VIJAYAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P.BHAVADASAN, J ----------------------------------------- B.A No.9459 of 2012 --------------------------------------------------- Dated this the 20th day of December, 2012 ORDER
Contending on the basis of Annexure 1 that the property belongs to the petitioner and the allegations against him are false, the petitioner seeks pre-arrest bail.
2. The learned Public Prosecutor would point out that the Forest Department, whose property was included in the suit was not made a party to the suit. Therefore the Forest Department is not bound by the decree.
3. On verification it is seen that in the suit though the property scheduled included the property declared to be forest, it is surprising to note that the Forest Department was not made a party and therefore as rightly pointed out by the learned Public Prosecutor that the decree is not binding on them.
4. However, after taking note of the various facts and circumstances and the nature of offence alleged to have been committed by him, it is felt that it is a fit case where extraordinary jurisdiction needs to be exercised in favour of the petitioner. Accordingly the petition is allowed as follows: B.A No.9459 of 2012 :
2. i) The petitioner shall surrender before the Investigating Officer on or before 28.12.2012, who after interrogation shall produce him before the JFCM concerned and on an application for bail moved by the petitioner, the learned Magistrate shall release the petitioner on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said Court. ii) The learned Magistrate shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. Iii) The petitioner shall appear before the Investigating Officer concerned for interrogation as and when required by him until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN Judge ab B.A No.9459 of 2012 :
3.